HARALAL SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The question before this Court in the present petition is whether after the death of an employee against whom departmental enquiry/charge-sheet is already pending, recovery can still be sought against the legal representatives or not. It is an admitted fact that the petitioner Hiralal Sharma passed away on 22.7.2014, during the pendency of this petition. His wife Smt. Mamta Vishwakarma has come on record being legal representative of Hiralal Sharma and now she is pursuing the petition in place of her husband.

(2.) In brief the facts of the case are that the original petitioner Hiralal Sharma had filed the present petition against the recovery orders dated 31.3.2010, 6.5.2010 and 6.8.2010 to the tune of Rs.1,13,706.00 passed by the Conservator of Forest, Dhindori and the Chief Conservator of Forest respectively. The petitioner has also challenged the charge-sheet issued to him in this behalf.

(3.) In return, the State has refuted the contentions made in the writ petition and has prayed for dismissal of the petition.